Freedom of Speech and Expression
By
C. J. S. Bindra
Freedom of speech and expression in India has inherited richly from the British tradition that no man is to be punished except on conviction for a distinct breach of the law. A British subject may speak anything he likes as long as he does not make himself liable for defamation, sedition, blasphemy, obscenity, or other infringement. The Constitution in India, while conserving this heritage, has made specific provision for the guarantee of freedom of speech and expression, on the lines adopted in the Constitution of the United States of America. Provision was made in that country by the First Amendment of 1791 to the effect that the Congress would make no laws abridging the freedom of speech or of the press. The Constitution of India does not mention freedom of the press while guaranteeing freedom of speech and expression.
A number of restrictions have been, however, imposed on this freedom, for no country may guarantee absolute freedom of speech and expression without endang ....